HomeMy WebLinkAboutCC MINUTES 08.16.22DocuSign Envelope ID: 81F6BOBF-935C-4E5D-8EEB-B444216DE1BE
CITY OF TUSTIN REGULAR AUGUST 16, 2022
MEETING OF THE CITY COUNCIL a 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Carrie Woodward, Acting City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney i
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3025 at 7:00 P.M.
ATTENDANCE — Acting City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council
Members Letitia Clark and Ryan Gallagher
Absent: Council Member Rebecca Gomez
City Clerk: Carrie Woodward, Acting City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
INVOCATION - Pastor Snider — Grace Harbor Church
PLEDGE OF ALLEGIANCE — Council Member Clark
PRESENTATION -
Mayor Austin Lumbard presented Certificates of Recognition to the following: Ranya Sharaf,
Charlie Bacha, Kyra Schwarzer, Grant Johnson, Valerie Ontiveros and Tam Nguyen in
honor of the 2022 Boys and Girls State Program.
PUBLIC INPUT —
1. John Garay (E -Comment and Verbal Comment)
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Closed Session
meeting of the City Council was canceled.
City Council August 16, 2022
Meeting Minutes Page 1 of 10
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CONSENT CALENDAR ITEMS 1 — 14
It was moved by Council Member Clark and seconded by Mayor Pro Tem Cooper to
approve the Consent Calendar as recommended by staff.
Motion carried: 4-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared that said titles which appear on the public agenda shall be
determined to have been read by title and further reading waived.
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JULY 19, 2022.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on July 19, 2022.
3. RATIFICATION OF PAYROLL AND DEMANDS
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin obligations that are in accordance with the
approved budget or continued operations authorizations.
Motion: The City Council approved Payroll in the amount of $1,110,913.49 and
$1,036,901.73 and Demands in the amount of $8,448,583.01.
4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS
In order for the Council to continue to have the option to meet via teleconference
during the pandemic, AB 361 requires the Council to make specified findings at least
every thirty (30) days.
Motion: Made the following findings by majority vote of the Council:
A. A state of emergency has been proclaimed by California's Governor
due to the COVID-19 pandemic and continues in effect; and
B. The Council has reconsidered the circumstances of the state of
emergency; and
C. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1523
City Council August 16, 2022
Meeting Minutes Page 2 of 10
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Adoption of Ordinance No. 1523 approves the Code Amendment (CA) 2022-0001 by
amending Tustin Code (TCC) Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of
Article 9 (Land Use) relating to qualifying SB 9 two -unit residential developments and
urban lot splits within single-family residential zones.
Motion: The City Council had second reading by title only and adopted Ordinance
No. 1523.
ORDINANCE NO. 1523
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN
CITY CODE CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF
ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9
TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN
SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1524
Adoption of Ordinance No. 1524 approves amending Part 3 of Chapter 6 of Article 3
(Business Regulation), Section 5502 of Chapter 5 of Article 5 (Public Safety) and
various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining
and Improvement Program to provide clarity, consistency of terms and definitions,
and compliance with State law.
Motion: The City Council had second reading by title only and adopted Ordinance
No. 1524.
ORDINANCE NO. 1524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING PART 3 OF CHAPTER 6 OF ARTICLE 3 (BUSINESS
REGULATIONS), SECTION 5502 OF CHAPTER 5 OF ARTICLE 5 (PUBLIC
SAFETY) AND VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN
CITY CODE (CODE AMENDMENT 2022-0002) RELATING TO THE CODE
STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY,
CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE
LAW
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1527
Adoption of Ordinance No. 1527 approves Tustin Police Department General Order
708 — Military Use Equipment Policy, in compliance with AB 481.
Motion: The City Council had second reading by title only and adopted Ordinance
No. 1527.
ORDINANCE NO. 1527
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT
City Council August 16, 2022
Meeting Minutes Page 3 of 10
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POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH
CALIFORNIA ASSEMBLY BILL 481 (AB 481)
8. ADOPTION OF A RESOLUTION 22-41 TO ACCEPT IMPROVEMENTS FOR THE
SIMON RANCH RESERVOIR, BOOSTER PUMP STATION AND PIPELINE
REPLACEMENT PROJECT CIP NO. 60114 AND AUTHORIZE THE CITY
ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Simon Ranch Reservoir, Booster Pump Station, and Pipeline
Replacement Project, (CIP No. 60114), has been completed to the satisfaction of the
City Engineer and is now ready for City Council acceptance.
Motion: The City Council:
1. Adopted Resolution 22-41 accepting the construction of the Simon Ranch
Reservoir, Booster Pump Station, and Pipeline Replacement Project, (CIP No.
60114), and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 22-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR THE SIMON RANCH
RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT
PROJECT, CIP NO. 60114
9. APPROVE GRANTS OF EASEMENT TO COX COMMUNICATIONS CALIFORNIA,
LLC. OVER PORTIONS OF LOTS B AND 12 OF TR 18197 SERVING
NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY
Ongoing construction of the Brookfield Development in Neighborhood D South at
Tustin Legacy plus future development possibilities necessitates the provision of
easements for telecommunication to the site. Underground and above -ground
facilities are to be subsequently provided.
Motion: The City Council:
1. Authorized the Mayor to execute the grants of easement to Cox
Communications California, LLC ("Cox") as shown on the attached easement
documents for the purpose of installation and maintenance of the systems as
outlined in the attached easement documents; and
2. Authorized the City Manager to approve any future modifications to the
proposed grants of easement which may be necessary to meet the intent of
providing said services to Tustin Legacy N -D South.
City Council August 16, 2022
Meeting Minutes Page 4 of 10
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10. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Motion:
1. Received and filed the updated legislative matrix as of August 5t"
2. Received and filed legislative updates prepared by TPA.
11. SCHOOLSFIRST FEDERAL CREDIT UNION CERTIFICATE OF COMPLIANCE
Request for authorization to execute the Certificate of Compliance (Certificate) for
the SchoolsFirst Headquarters Project.
Motion: Authorized the City Manager to execute the Certificate, subject to any non
substantive modifications as may be deemed necessary and/or recommended by
the City Attorney.
12. AUTHORIZE THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE AND
EXECUTE ALL NECESSARY DOCUMENTATION REQUIRED TO COMPLETE
ESCROW FOR THE FINAL DISPOSITION OF REAL PROERTY AT 1810 OLD
TUSTIN AVENUE, SANTA ANA (APN: 396-333-02)
The City has received a letter of intent and proposed purchase agreement for real
property at 1810 Old Tustin Avenue (APN: 396-333-02). Staff seeks City Council
approval to authorize the City Manager to accept purchase offer and to complete the
disposition of property by executing all necessary documentation to finalize and close
escrow in a timely manner.
Motion: The City Council:
1. Authorized the City Manager to accept and make any necessary, non -
monetary changes to the proposed agreement to purchase the real property
located at 1810 Old Tustin Avenue (APN 396-333-02), attached hereto as
Attachment 2; and
2. Authorized the City Manager to execute all necessary documentation on
behalf of the City to comply with, and to submit the appropriate documentation
to the California Department of Housing and Community Development
pursuant to, the Surplus Land Act and Final Surplus Land Act Guidelines; and
3. Subject to compliance with any applicable requirements of the Surplus Land
Act, authorized the City Manager to execute all necessary documentation on
behalf of the City to complete the sale of property.
City Council August 16, 2022
Meeting Minutes Page 5 of 10
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13. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDING JUNE 30, 2022
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Motion: Received and filed.
14. PROJECT FUNDING FOR THE ASSEMBLY BILL 2766 (MOTOR VEHICLE
REGISTRATION SUBVENTION) FUNDING PROGRAM
The City Council authorizes the use of the City's disbursement of Assembly Bill (AB)
2766 funds to offset costs for State mandated vehicle emission reduction programs
implemented by the City of Tustin. This year, the City Council is being requested to
allocate the projected AB 2766 disbursements for Fiscal Year (FY) 2022-23 and FY
2023-24 to fund the Red Hill Avenue Pedestrian Enhanced Crosswalk Project.
Motion: The City Council authorized the use of the City's projected AB 2766
disbursements for FY 2022-23 and FY 2023-24 to fund the Red Hill Avenue
Pedestrian Enhanced Crosswalk Project by minute order.
PUBLIC HEARING ITEMS 15-16
15. CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) — OUTDOOR DINING
AND SEATING AND EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL,
AND ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER
Public Hearing opened at 7:21 P.M.
Assistant Planner, Jorge Maldonado provided a PowerPoint presentation.
This Project is a City -initiated request to amend Tustin City Code (TCC) Article 9
(Land Use). The proposed Code Amendment (CA) 2022-0003 is an update to TCC
Section 9277, the City's outdoor dining regulations. The intent of this amendment is
to increase restaurants' ability to provide outdoor dining and seating areas while
maintaining an attractive design and protecting the public interest. The subject
amendment is a response to changes in resident, business owner, and patron
preferences since the onset of the COVID-19 pandemic. In addition, Resolution No.
22-42 provides an extension to the City's Temporary Outdoor Dining, Retail, and
Assembly Uses Program (Program) and waiver of the associated application fees to
December 31, 2022, in order to allow businesses time to comply with the proposed
CA 2022-0003.
On July 12, 2022, the Planning Commission adopted Resolution No. 4454,
recommending that the City Council adopt Ordinance No. 1526, approving CA 2022 -
City Council August 16, 2022
Meeting Minutes Page 6 of 10
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0003. The Planning Commission Minutes are provided as Attachment B for
reference.
Public Input —
1. Kara Davis
Public Hearing closed at 7:52 P.M.
It was moved by Mayor Lumbard and seconded by Council Member Gallagher to
have the City Council:
1. Introduce and have a first reading, by title only, of Ordinance No. 1526,
amending Section 9277 of Chapter 2 of Article 9 (Land Use) relating to outdoor
dining to provide increased flexibility for restaurants to establish and offer
outdoor dining and seating areas to customers, and
2. Adopt Resolution No. 22-42 to extend the Temporary Outdoor Dining, Retail,
and Assembly Uses Program to December 31, 2022.
Roll Call Vote — Acting City Clerk
Motion carried: 4-0
ORDINANCE NO. 1526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 9277 OF CHAPTER 2 OF ARTICLE 9 (LAND
USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0003) TO
STREAMLINE THE PROCESS AND REQUIREMENTS FOR RESTAURANTS TO
ESTABLISH OUTDOOR DINING AREAS AND OUTDOOR SEATING AREAS
RESOLUTION NO. 22-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
EXTENDING THE TEMPORARY OUTDOOR DINING, RETAIL, AND ASSEMBLY
USES PROGRAM AND THE WAIVER OF THE CITY'S FEE FOR A TEMPORARY
USE PERMIT APPLICATION FOR OUTDOOR DINING/OUTDOOR RETAIL
SALES/OUTDOOR ASSEMBLY USES PERMIT
16. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA) 2022-
0001 (ORDINANCE NO. 1525)
Public Hearing opened at 7:59 P.M.
The project is a request to amend the Downtown Commercial Core Specific Plan
(DCCSP) to include live/work units as an allowable residential use within
Development Area 6C (DA -6C subarea) of the DCCSP (SP -12). On July 12, 2022,
the Planning Commission adopted Resolution No. 4453 (Attachment C)
City Council August 16, 2022
Meeting Minutes Page 7 of 10
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recommending that the City Council approve SPA 2022-0001 and adopt Ordinance
No. 1525.
Public Hearing closed at 8:00 P.M.
It was moved by Mayor Lumbard and seconded by Council Member Clark to have
the City Council introduce and have a first reading by title only, of Ordinance 1525
for Specific Plan Amendment (SPA) 2022-0001 to amend the Downtown Commercial
Core Specific Plan (DCCSP/SP-12) to list live/work units as an allowable residential
use in DA -6C subarea, generally bordered on the northeast by EI Camino Real, on
the northwest by Newport Avenue, and on the south by Interstate 5 (1-5) and set the
second reading of the ordinance at the next regularly scheduled City Council
meeting.
Roll Call Vote — Acting City Clerk
Motion carried: 4-0
ORDINANCE NO. 1525
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
SPECIFIC PLAN AMENDMENT (SPA) 2022-0001 TO AMEND THE DOWNTOWN
COMMERCIAL CORE SPECIFIC PLAN (SP -12) TO LIST "LIVE/WORK UNITS" AS
AN ALLOWABLE RESIDENTIAL USE IN DEVELOPMENT AREA 6C (DA -6C)
OTHER BUSINESS/CITY MANAGER REPORT
City Manager, Matthew S. West
Announced the tentative cancellation of the September 6, 2022, City Council Meeting.
Appreciated the City Council comments on the public outreach that has been built up to
date; thanked City staff for their hard work on the outreach; mentioned during the onset of
the Coronavirus pandemic, City staff needed a way to communicate to the public; through
Communications Manager, Stephanie Najera, the Economic Development Department and
Community Development Department, City staff was able to build the City's
communications outreach list to push out content to the public; thanked everyone for their
continued outreach efforts to create a resource for the City.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallaaher
July 27
Attended the Orange County Sanitation District (OCSD) Board meeting; reported the
approval of two of the bargaining unit group agreements; one bargaining unit group is still
remaining; mentioned the process was interesting with the current inflation rate; reported
the approval of the public affairs strategic plan update; focused on outreach to the
community and stakeholders.
City Council August 16, 2022
Meeting Minutes Page 8 of 10
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July 23
Attended the Tustin Community Foundation's Sip and Stroll event.
July 29
Attended the Parks and Recreation Movies at the Park event at Veterans Sports Park; was
a great event; reported the community responded well to the activity of naming the new
Tustin Dog Park; thanked the Parks and Recreation staff for their efforts
Council Member Clark
Welcomed all students back to school; reported this is the end of summer and the end of
food insecurities or other support services that students receive from Tustin schools;
thanked all the teachers and administrators for all they do in supporting the students.
Mayor Pro Tem Cooper
Recognized his friend, 2004 Tustin High School graduate, James Beaumont "Beau" Bell,
for being a recipient of a Superbowl ring with the Los Angeles Rams; mentioned Beau is
now working with the Miami Dolphins.
Mayor Lumbard
July 16
• Presented the 2022 Chili Cookoff proceed checks to the nonprofit groups with Mayor
Pro Tem Cooper and Council Member Clark and Council Member Gomez at
Peppertree Park.
• Swore in the new Public Art Committee Members.
Jules
Took California State Senator for District 29, Josh Newman, on a tour of the Tustin Blimp
Hangar.
July 24
Presented a proclamation with Council Member Gallagher to Marlin and Yvonne Clark,
recognizing their 70th Wedding Anniversary; stated the Clark's are Cindy Johnson's parents;
reported the Clark's were very thankful for the proclamation.
August 5
Attended a gift drive event with Tustin Mazda, Tustin Auto Dealers, and Peter Brakke of
Tustin Chick-fil-A, to present the annual donation to the Orange County Rescue Mission's
Village of Hope.
August 11
Attended the Transportation Corridor Agencies (TCA), Board of Directors meeting.
August 13
City Council August 16, 2022
Meeting Minutes Page 9 of 10
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Attended the Parks and Recreation Skate Competition event at Veterans Sports Park; would
like to see many more skate competitions in the future; reported ATTIC Skate Shop in Costa
Mesa sponsored the event; announced ATTIC is opening up a skate shop in Tustin;
reported multiple corporate vendors were in attendance, three professional skaters judged
the competition, and legendary skater, Omar Hassan, emceed the event; reported there
were forty-five participants; age range of the participants was 3-40 years old; thanked
Recreation Coordinator, Garrison De Vine for all his hard work in organizing the event.
Announced the following upcoming events:
August 22
Tustin Family & Youth Center (TFYC)
After School Program
Call TFYC at 714.573.3370 for more information.
September 10
Community Yard Sale
Time: 8:00 A.M. — 12:00 P.M.
Location: Tustin Area Senior Center
Call 714.573.3340 or email tasc@tustinca.org for more information.
September 17
Tustin Police Department 25th Annual Open House
Time: 11:00 A.M. — 3:00 P.M.
Visit www.tustinpd.org for more information.
ADJOURNMENT at 8:07 P.M. The next meeting is scheduled on Tuesday, September 6,
2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00
p.m.
DS
DocuSigned by: DocuSigned by
AU IgcLUIBARD, ER D'I ?4YA Q:JL.
Mayor City Clerk
City Council August 16, 2022
Meeting Minutes Page 10 of 10